Carmeleon Terms and Conditions
1 Once the Quotation, Work Order, Invoice or Delivery note has been signed by the client/approved in writing via email correspondence, he/she agrees and acknowledges the terms and conditions stated hereon.
1.2 These terms and conditions shall apply to any work (hereinafter collectively referred to as “work”) to be carried out on any item/s (hereinafter collectively referred to as the “goods”) by Carmeleon Branding (the company) as instructed by the client.
1.3 All or any of the work to be carried out by the company may be carried out on its behalf by any agent or sub-contractor appointed by it.
1.4 Once the client signs off on a quotation or order request he/she acknowledges that, what has been requested is correct in all respects.
1.5 Should the client fail to comply with any obligations imposed on the client in terms hereof, on due date and persist in such failure for (3) three days after having been given written notice to remedy such default, the client shall be deemed in breach of contract. The company shall be entitled to enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.6 Should the client commit any act of insolvency, or be placed in liquidation or sequestration, whether provisional or final, or be placed under judicial management, the company shall be entitled to terminate this agreement forthwith and enter on any premises of the client and retake possession of the goods or remove any/all applications made by the company, its agent/s or sub-contractors.
1.7 The specific remedies which the company has against the client in terms of these General Conditions are without prejudice to any other remedies which the company may have, including the right to claim all such consequential and other damages from the client as the company may have suffered as a result of the breach by the client or any of his/her obligations.
1.8 Any agreement made with the company shall be deemed valid and standing only if the company director/s or owner/s has approved the arrangement.
- We would also like to remind you that an additional charge will be levied if the work team should not be able to proceed with the vinyl application because of any problems on the site (for example, the premises still being a building site with dust and not yet completed or being unsuitable for window film application, glass not fitted, burglar bars installed before commencement of film installation).
- All Windows should be free of paint/cement/varnish prior to the installation team arriving on-site. Carmeleon Branding will do a standard cleaning of the windows on which the vinyl will be applied however we do not offer additional window cleaning services.
- Carmeleon Branding will not be held responsible for replacement of glass breaking/cracking should it not be proven to be the fault of the application team.
- Carmeleon Branding will not be held liable should there be any damages caused to Low-e Glass, if the information was not disclosed in writing prior to the quotation/installation as these applications do require special care.
- Please ensure that the removal of curtains/ blinds/ chandelier or burglar bars are done prior to the installation team arriving onsite this also includes furniture or any other household items.
- Carmeleon Branding will not take responsibility for any of the above removal or damage thereof.
- Please ensure that no cleaning of windows is done within 7 days of the film application as this will damage the vinyl on which Carmeleon Branding will not take responsibility.
- It is specifically to be noted that the edge gaps of between 1 and 4mm are always cut around the window film installed to facilitate removal of water used in the installation to ensure proper adhesion to the glass without subsequent peeling/lifting.
- Application of Reflective film, to achieve a “one-way” mirror effect, if unsuccessful, in no way relieves the client from his responsibility to pay. One Way Films for privacy (Mirror Tint) are light dependent & are intended for use on windows which are exposed to outside light so when using these films indoors there needs to be enough light created inside (interrogation rooms) to achieve the privacy needed on the correct side of the film.
2.1 A payment will be necessary for personalized sample requests and will only begin once the payment is received.
3.1 The price of the goods will be the company’s prevailing rates ruling at the time the work is carried out.
3.2 Any quotation price/s given by the company is valid for (14) fourteen days ONLY and is based on using standard ladders where necessary and no trellidoors or burglar bars hindering an installation for most part on the inside. Scaffolding if needed would need to be quoted for to reach high windows above entrances etc.
3.3 Orders that have begun and are requested to be cancelled will be charged a 5% cancellation fee of the total amount of the invoice including bank charges.
3.4 Orders that have been completed and are requested to be cancelled will be charged a 50% cancellation fee of the total amount of the invoice including bank charges.
Banking Details: Carmeleon Branding, FNB Chq: 62387406260, Branch Code: 254005, Swift Code: FIRNZAJJ
4.1 Full payment or partial payment of 80% of the total cost of the invoice will be necessary before any work is to be done.
4.2 Ownership in and to the goods supplied in terms of the invoice shall remain vested in Carmeleon Branding until such time as the remaining outstanding payment is received by the company.
4.3 If the company accepts a cheque, electronic transfer or other instrument in payment of the amount due, the company reserves the right to retain ownership of the goods until such cheque, electronic transfer or other instrument is honoured.
4.4 The payment due date shall be the date of which delivery is made, but a further (3) three working days after delivery shall be given for electronic payment to reflect in the company’s banking account, unless a prior arrangement was made with the company.
4.5 The company shall be entitled to charge interest on any unpaid amount, from the due date of such amount to the date of payment, at a rate which is 2% above the rate charged by the company’s bankers to its prime customers on overdraft from time to time. Such rate of interest shall be evidenced by a certificate to be issued by any manager of the bank, from time to time, and it shall not be necessary to prove the appointment.
4.6 In regards to goods correctly supplied and incorrectly ordered: The refund moneys are to be paid into the client’s account this will be done the same day the stock is uplifted less the 50% handling fee and bank charges.
In regards to cancellations: The refund moneys are to be paid into the clients account, this will be done the same day of the cancellation less the 5% or 50% according to cancellation fees if the order has begun, if the order has not yet started a full refund will be given less bank charges.
4.7 Any reverse charges on your debit or credit card will attract a R160.00 administration fee to cover bank charges and other costs associated with refunding the customer.
5.1 The client shall take delivery of the goods in accordance to the specified delivery date for that client. Delivery shall be completed when the goods have been applied onto the selected glass panels of the client or its agent.
5.2 The expected completion date is an estimate only.
5.3 The company shall be entitled to suspend the delivery of the goods to the client if the client is in breach of any of the terms of this contract.
5.4 Any claims will not be processed without the invoice, this is not negotiable.
5.5 Goods may only be returned within (24) twenty four hours from receipt of goods and subject to our prior approval and this will incur a 50% handling charge.
5.6 Returns correctly supplied and incorrectly ordered are subject to a 50% handling fee.
5.7 Shortages and claims later than (48) forty eight hours from receipt of goods will not be considered.
5.8 The client will be notified of any back orders and as to when the back order will be delivered that is if the client chooses to proceed with the order.
6.1 No guarantee shall be honoured if there has been any tampering with the products or items installed and/or applied, including skew frames and poor rubber fitments.
6.2 Sizing supplied by the client will not be under guarantee and Carmeleon Branding will not be held liable for any replacement/s should there be a size discrepancy on application.
7.1 Cancellations are to be made within the first (24) twenty four hours from approval of order, thereafter cancellation charges apply.
7.2 If clients want to cancel work already in production a 5% cancellation fee will be charged on the total amount of the invoice.
7.3 If the client wants to cancel a job that has been completed a 50% cancellation fee will be charged on the total amount of the invoice.
8.1 The client hereby agrees to indemnify and hold harmless Carmeleon Branding against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from any negligent act or omission of the client in the performance and/or including the negligent acts or omission of any client or any direct or indirect employees of the client or clients.
8.2 The client hereby agrees to indemnify and hold harmless Carmeleon Branding against any and all liability, claims, suits, losses, costs and legal fees caused by, any damage perceived to be caused by our product/s or service/s.
8.3 We install products as stated by the manufactures instruction manual following all steps, we however do not claim to be able to remove all impurities and all bubbles during and after application of the window frosting vinyl, the client therefore hereby agrees to indemnify and hold harmless Carmeleon Branding against and all liability, claims, suits, losses, costs and legal fees caused, that might arise.
The client consents to the jurisdiction of the Magistrate’s Court having jurisdiction in terms of the Magistrate’s Court Act, notwithstanding (even though) the claim by the company may exceed the normal jurisdiction of the Magistrate’s Court as to amounts. Notwithstanding (despite) the foregoing (prior), the company shall in its discretion be entitled to institute legal proceedings in any other court of competent jurisdiction.
10.1 The client nominates as its domicilium citandi et executandi the address reflected on the face of the invoice for service upon it of notices and processes in connection with any claim arising in terms hereof. Such notice may be given by prepaid registered mail or hand delivered to the client’s domicilium. Any notice given by the company to the client which is posted by prepaid registered post to the client’s domicilium for the time being, shall be deemed to have been received by the client on the 7th day after the date of posting. Any notice which the company may give to the client which is hand delivered to the client’s domicilium for the time being, shall be deemed to have been received by the client on date of delivery.
10.2 Any change of address must be notified within 14 days as required by law.
11.1 No addition to, variation or agreement cancellation of this agreement shall be of any foregoing effect unless it is recorded in writing and signed by a general manager of the company.
11.2 No indulgence, extension of time, relaxation or latitude which the company may permit at any time in regards to the carrying out of any of the clients obligations shall prejudice the company in any manner or is to be construed as a waiver by the company of any of its rights in terms of this agreement.
11.3 This agreement and its interpretation shall be determined in all respects in accordance with the laws of the Republic of South Africa. Unless the context indicates the contrary intention, an expression which denotes any gender includes the other genders, a natural person includes an artificial person, and vice versa, and the singular includes the plural, and vice versa. Clause headings are for convenience and shall not be used in the interpretation hereof.
11.4 No representative, agent or salesperson has any authority to waiver or vary any of these conditions or make any representations whatsoever on behalf of the company.
11.5 A one hundred and fifty Rand (R150) call out fee will be incurred in the event of an uninformed rescheduling and/or insufficient time given to reschedule an application date. – Meaning: Carmeleon Branding is onsite and the client has not made the necessary preparations for access to apply the window frosting or window tinting as was booked in the schedule (Date/Times).
11.6 Rescheduling is to be made one to two (1-2) working days before an application is booked to be applied, otherwise the client will incurr a call out fee.
If the company institutes legal proceedings against the client arising out of any breach by the client of these conditions, the client shall pay all costs incurred by the company on the scale as between Attorney and own client.